Below is the abstract of “ALI Data Privacy: Overview and Black Letter Text,” available for download on SSRN.

In this Article, the Reporters for The American Law Institute Principles of the Law, Data Privacy provide an overview of the project as well as the text of its black letter. The Principles aim to provide a blueprint for policymakers to regulate privacy comprehensively and effectively.

The United States has long remained an outlier in privacy law. While numerous nations have enacted comprehensive privacy laws, the United States has clung stubbornly to a fragmented, inconsistent patchwork of laws. Moreover, there long has been a vast divide between U.S. and European Union (EU) approaches to regulating privacy—a divide that many consider to be unbridgeable.

The Principles propose comprehensive privacy principles for legislation that are consistent with key foundations in the U.S. approach to privacy but also better align the United States with the EU. Additionally, the Principles breathe new life into the moribund and oft-criticized U.S. notice-and-choice approach, which has remained firmly rooted in U.S. law. Drawing from a vast array of privacy laws and frameworks, and with a balance of innovation, practicality, and compromise, the Principles aim to guide policymakers in advancing U.S. privacy law.

 

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Daniel J. Solove

Reporter, Data Privacy Principles

Daniel J. Solove is the John Marshall Harlan Research Professor of Law at the George Washington University Law School.  He is also the founder of TeachPrivacy, a company that provides computer-based privacy and data security training.  One of the world’s leading experts in privacy law, Solove is the author of 10+ books and textbooks and 50+ articles. He served as co-reporter on the ALI’s Principles of Law, Data Privacy. Professor Solove writes at LinkedIn as of its “thought leaders,” and he has more than 1 million followers.  He more routinely blogs at Privacy+Security Blog.

Paul M. Schwartz

Reporter, Data Privacy Principles

Paul M. Schwartz, Professor of Law at UC Berkeley School of Law, is a leading international expert on information privacy, copyright, telecommunications and information law. He has published widely on these topics. His co-authored books include Data Privacy Law (1996, supp. 1998) and Data Protection Law and On-line Services: Regulatory Responses (1998), a study carried out for the Commission of the European Union that examines emerging issues in Internet privacy in four European countries. See his full list of publications.

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